PRENUPTIAL AGREEMENT
THIS PRENUPTIAL AGREEMENT (“Agreement”) is made on [Date],
BETWEEN:
[Party A Full Name], residing at [Party A Address] (“Party A”),
AND
[Party B Full Name], residing at [Party B Address] (“Party B”).
RECITALS
WHEREAS, Party A and Party B (together, the “Parties”) intend to marry each other on or about [Intended Marriage Date];
WHEREAS, each Party desires to establish their respective rights and responsibilities regarding each other’s income and property and the income and property that may be acquired, either separately or together, during the marriage;
WHEREAS, each Party has had the opportunity to obtain independent legal advice and fully understands the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the upcoming marriage and the mutual promises contained herein, the Parties agree as follows:
1. DEFINITIONS
1.1 Separate Property: Property owned by either Party prior to the marriage, and any property acquired individually by gift, inheritance, or personal award during the marriage.
1.2 Marital Property: Property acquired jointly by the Parties during the marriage, except as otherwise provided in this Agreement.
2. DISCLOSURE
2.1 Each Party has fully and fairly disclosed to the other Party their assets, liabilities, and income as of the date of this Agreement.
2.2 Attached as Schedule A and Schedule B are lists of Party A’s and Party B’s respective assets and liabilities.
3. SEPARATE PROPERTY
3.1 Each Party’s Separate Property, as described in Schedules A and B, shall remain the sole and exclusive property of that Party.
3.2 Any increase in value, income, or proceeds derived from Separate Property shall remain Separate Property, unless otherwise agreed in writing.
4. MARITAL PROPERTY
4.1 Property acquired jointly during the marriage shall be considered Marital Property and owned equally by the Parties, unless otherwise specified herein.
4.2 The Parties may, by written agreement, change the status of any property from Separate to Marital, or vice versa.
5. DEBTS AND LIABILITIES
5.1 Each Party shall remain solely responsible for debts incurred individually prior to the marriage.
5.2 Debts incurred jointly during the marriage shall be the joint responsibility of both Parties, unless otherwise agreed in writing.
6. SPOUSAL SUPPORT (ALIMONY)
6.1 [Choose one: “Neither Party shall be entitled to spousal support (alimony) from the other in the event of separation or divorce.”
OR
“Spousal support shall be determined as follows: [Describe terms, amounts, duration, or reference to applicable law].”]
7. WAIVER OF RIGHTS
7.1 Each Party waives, releases, and relinquishes any and all rights, title, or interest in the Separate Property of the other Party, except as otherwise provided in this Agreement.
7.2 This waiver includes, but is not limited to, rights to equitable distribution, community property, elective share, or any other marital property rights under the laws of [Governing Law State/Country].
8. ESTATE RIGHTS
8.1 Except as otherwise provided in this Agreement, each Party waives any right to inherit from the other’s estate except as may be provided in a valid will or trust.
9. CHILDREN
9.1 This Agreement does not determine or affect the rights or obligations relating to any children born or adopted during the marriage, including child custody, support, or visitation. Such matters shall be determined by agreement or by a court of competent jurisdiction.
10. EFFECTIVE DATE
10.1 This Agreement shall become effective upon the solemnization of the marriage between the Parties.
11. AMENDMENT AND REVOCATION
11.1 This Agreement may be amended or revoked only by a written agreement signed by both Parties.
12. GOVERNING LAW
12.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country].
13. SEVERABILITY
13.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. ENTIRE AGREEMENT
14.1 This Agreement contains the entire understanding of the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.
15. INDEPENDENT LEGAL ADVICE
15.1 Each Party acknowledges that they have had the opportunity to seek independent legal advice prior to signing this Agreement and enter into this Agreement freely and voluntarily.
16. NOTICES
16.1 Any notice required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective addresses set forth above, or to such other address as either Party may designate in writing.
17. EXECUTION
17.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
Disclaimer
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
[Party A Full Name]
Date: ________________________
[Party B Full Name]
Date: ________________________
Witnessed by:
[Witness Name]
Date: ________________________
[Witness Name]
Date: ________________________
Schedule A: Party A’s Assets and Liabilities
[List all assets and liabilities]
Schedule B: Party B’s Assets and Liabilities
[List all assets and liabilities]
